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2010 Supreme(Cal) 409

JYOTIRMAY BHATTACHARYA
Namita Roy – Appellant
Versus
Bengal Greenfield Housing Development Company Ltd. – Respondent


Advocates Appeared:
S.P.Roychowdhury, Jayanta Mitra, Arunava Ghosh, Jiban Ratan Chatterjee, Arya Kr.Dutta, S.Bhattacharya, Dvaipayan Sen Gupta, Sonalee Roy, Saktinath Mukherjee, Amiya Narayan Mukherjee, Balai Chandra Roy, Bhaskar Mukherjee

JUDGMENT:

1. THIS application under Article 227 of the Constitution of India is directed against an order being No.29 dated 17th November, 2009 passed by the learned Civil Judge, Senor Division, 1st court at Barasat, North 24 Parganas in Title Suit No.290 of 2008 whereby the plaintiffs application for amendment of plaint was rejected by the learned Trial Judge by holding inter alia that the relief which the plaintiffs are now seeking to introduce in the suit by way of amendment of plaint is not only time barred but also no satisfactory explanation is given for such long delay in applying for such amendment.

2. THE plaintiffs are aggrieved by the said order. Hence, they have come before this Court with this application under Article 227 of the Constitution of India. Heard Mr. Roy Chowdhury, learned Senior Counsel appearing for the petitioner, Mr. Mukherjee, learned Senior Counsel appearing for the opposite party no.1 and the learned Advocate General appearing for the opposite party no.2. Considered the materials on record including the impugned order. Let me now give a short background of this case leading to the filing of this revisional application before this Court. THE plaintiffs

























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